Lakeland Injunction Lawyer

An injunction can impact every aspect of your life. It could affect your legal rights, the outcome of a child custody case, and interactions with specific family members. In addition to the civil consequences of an injunction, you may face criminal charges related to the grounds for the injunction or violations of the court order.

Attorney Thomas C. Grajek has over 25 years of experience. He has extensive experience fighting criminal charges. He is just one of four lawyers in Florida to be recognized as an ACS-CHAL Forensic Lawyer-Scientist. Attorney Grajek has top ratings and recognition from national legal organizations, including The National Trial Lawyers Top 100 and the National Association of Criminal Defense Lawyers.

Call the office of Thomas C. Grajek, Attorney at Law, to schedule a consultation at (863) 688-4606 with our Lakeland injunction lawyer to discuss your situation.

How Our Lakeland Criminal Defense Lawyers Help You Fight an Injunction

How Our Lakeland Criminal Defense Lawyers Help You Fight an Injunction

Have you been falsely accused of domestic violence, stalking, or other violent acts? Maybe your actions were justified, or it is a misunderstanding. Regardless of the circumstances and facts, you need an experienced defense attorney to handle your case.

At Thomas C. Grajek, Attorney at Law, our legal team handles all aspects of your injunction case. When you hire our top-rated Florida criminal defense attorney, you can trust we will:

  • Explain the type of injunction against you and your obligations
  • Discuss potential legal strategies for fighting an injunction
  • Thoroughly investigate the circumstances that led to the injunction
  • Gather evidence, including interviewing witnesses
  • Analyze the evidence the state has against you to determine the best defense options for your case
  • Negotiate fair plea agreements if it is better to plead instead of going to trial
  • Provide aggressive representation throughout your entire case, including arguing your case in court if necessary

We will fight to obtain the best possible outcome for your case. Our attorney builds a strong defense to challenge claims that you present an immediate danger. The best way to protect your rights is with the help of a trusted criminal defense attorney.

Call Thomas C. Grajek, Attorney at Law, to schedule a case evaluation with our Lakeland injunction lawyer. You do not have to face this matter alone. We will provide the strongest possible defense to protect your future.

What Does It Mean to Have an Injunction Against Me?

An injunction or restraining order is a court order prohibiting someone from engaging in specific types of behavior. Inunctions are used to protect victims of domestic violence, stalking, and sexual violence. Once the court issues an injunction, the accused may have to follow strict rules for who they can interact with and where they can go.

The injunction specifically prohibits the accused from having contact with the victim. Violating an injunction can lead to several penalties, including jail time and additional criminal charges.

What Are the Different Types of Injunctions Available in Lakeland, FL?

Florida law provides victims with several different types of injunctions. The type of injunction depends on the circumstances of the case. Each injunction seeks to protect the victim from further violence and give them legal recourse against the alleged abuser.

The person asking for the injunction is referred to as the petitioner. The person accused of wrongdoing is the respondent.

The types of injunctions you might face in Florida include:

Domestic Violence Injunction

Florida law provides domestic violence injunctions for victims who have been or are in danger of being hurt by a family member in their home. The petition and respondent are related by blood or marriage. They may also be the parents of a child they share.

Domestic violence injunctions may include numerous restrictions and requirements, such as:

  • No contact with the petitioner
  • Move out of the home shared with the petitioner
  • Surrender guns and ammunition to law enforcement
  • Attend a Batters’ Intervention Program
  • Give up child custody temporarily or permanently to the petitioner

Sometimes, petitioners may falsely accuse someone of domestic violence to gain an upper hand in a family court case. If you receive a domestic violence injunction, you should contact an attorney immediately. The injunction could significantly impact your divorce or other family court cases.

Stalking and Cyberstalking Injunction

Florida law treats cyberstalking and stalking seriously. The statute allows a petitioner to obtain an injunction preventing further threats or harassment by the respondent. The injunction prohibits the respondent from contacting the petitioner with any means of communication. The respondent cannot approach or follow the petitioner.

The injunction may require the respondent to surrender their guns. They may also be required to obtain treatment at their own cost and have other requirements based on the evidence presented to the judge.

Sexual Assault Injunction

A sexual assault injunction is filed against non-family members. The respondent is also charged with one or more sex crimes including, but not limited to:

  • Forcible felonies involving a sexual act
  • Luring or enticing a child
  • Lewd and lascivious acts in the presence of or upon a child
  • Requiring a child to perform sexual acts

A sexual violence injunction may be issued when the respondent is in jail for the offense and is scheduled to be released within 90 days. The petitioner may receive an injunction when they report the crime to police officers and cooperate in a criminal case against the respondent.

Repeat Violence Injunction

A repeat violence injunction is granted when the petitioner has been the victim of at least two incidents of stalking or violence. The first incident must have occurred within the past six months. The incidents do not need to include physical violence. Threats of violence give the petitioner grounds for the injunction.

Repeat violence injunctions are granted when the parties are not family members in the same household or in a dating relationship. Therefore, the respondent may be a friend, co-worker, neighbor, or family member who has never lived with the petitioner.

Dating Violence Injunctions

A petitioner may request a dating violence injunction if they can prove to the court that:

  • They were in a dating relations with the respondent in the past six months;
  • There was an expectation of continued sexual involvement or affection within those six months;
  • The petitioner must have interacted with the respondent on a regular basis while dating; and,
  • The petitioner has a reasonable belief they are in immediate danger of dating violence.

The violence does not need to be physical. The threat of violence is sufficient for the petitioner to obtain the injunction.

Temporary Injunctions vs. Permanent Injunctions

A petitioner may ask the court for an ex parte injunction if they are in immediate danger of harm. The hearing is held without notifying the respondent. The temporary order provides immediate protection for the petitioner until a full hearing can be held.

The respondent is served with the temporary injunction and notified of the hearing date. At the hearing, both parties can present evidence. The judge considers the evidence and determines whether to extend or modify the injunction. The judge may also grant a permanent injunction that remains in effect indefinitely.

If you are served a temporary injunction or a notice of hearing for an injunction, you need to act quickly. Consult an attorney to determine what defenses are available to stop the court from issuing a permanent injunction.

Potential Consequences of Having a Final Injunction Issued Against You

An injunction restricts what you can do. It can also have numerous collateral consequences, including:

  • A negative impact on your employment, especially if you are required to carry a firearm as part of your job
  • Restrictions on child custody arrangements and time-sharing
  • Giving up all firearms and ammunition
  • Result in revocation or suspension of professional licenses
  • Prevent you from being admitted to colleges and universities
  • Enforcement in all fifty states and U.S. territories
  • The injunction may impact entry into the military

Violations of final injunctions carry severe penalties. A violation of a final injunction could affect a person’s immigration status or petition for citizenship. A violation may result in a misdemeanor or felony charge, which could carry a significant jail term.

Defenses to Injunctions in Lakeland, FL

If you face a criminal injunction, you have the right to present a defense. A successful defense can avoid the consequences of an injunction, including having your rights restricted, facing criminal charges, and serving jail time.

Your criminal defense lawyer determines which defenses give you the best chance of winning the case based on the evidence. Potential defenses to injunctions include:

  • Insufficient evidence or lack of reasonable cause to support the injunction
  • Alleging the petitioner falsified the allegation or exaggerated the threat to obtain the injunction
  • Prove there is no immediate and present danger to the petitioner
  • Present witnesses who can offer testimony that disputes the petitioner’s claims
  • Question the petitioner’s credibility
  • Challenge the evidence presented in court

The best way to protect yourself is to present a strong defense to the injunction. Therefore, you need an experienced, fierce criminal defense lawyer to argue your case.

Schedule a Consultation With Our Lakeland Injunction Lawyer

We protect your best interests and constitutional rights at Thomas C. Grajek, Attorney at Law. We are aggressive in our representation because we want to see justice prevail. Call our office today to schedule a case review with our Lakeland injunction lawyer. Protect your future by fighting an injunction with our help.

Our criminal defense law firm in Lakeland also provides:

Visit Our Criminal Defense Law Office in Lakeland, FL

Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606

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